AMAN PASWAN vs STATE OF CHHATTISGARH

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CGHC010308882026 2026:CGHC:38906
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7330 of 2026
Aman Paswan S/o Shri Ram Paswan Aged About 30 Years R/o Indira
Aawas Pakhanjur, District Kanker (C.G.)
... Applicant
versus
State Of Chhattisgarh Through Police Station Kondagaon, District
Kondagaon (C.G.)
... Non-Applicant
For Applicant : Shri B.P. Singh, Advocate.
For Non-Applicant : Shri SS Baghel, GA.
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
02/09/2026
1. This is the first bail application filed under Section 483 of the
Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail
to the applicant who has been arrested in connection with Crime
No.322/2025 registered at Police Station Kondagaon, District
Kondagaon (C.G.) for the offence under Sections 317 (2), 317 (4),
317 (5), 318 (4), 111 (2), 111 (2)(b) & 3 (5) of the BNS and under
Digitally
signed by
KRISHNA
KUMAR
BARVE
Date:
2026.09.02
19:50:58
+0530
KRISHNA
KUMAR
BARVE

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Section 66 D of the IT Act.
2. The prosecution case, in brief, is that on the basis of information
received at Police Station Kondagaon from the Office of
Superintendent of Police Cyber Cell on 04/04/2025 the Police
Station Kondagaon initiated an enquiry into a Cyber Financial
Fraud reported on the National Cyber Crime Reporting Portal,
During the enquiry, it was found that the Central Bank of India
Account No 5660383552, belonging to Lokeshwar Hirwani had
allegedly been used for routine proceeds of Crime and an amount
of Rs 72,09,424/- had been transacted through the said account
during the period from 01/01/2024 to 08/03/2025. The Account
holder allegedly disclosed that the applicant the co-accused had
obtained his passbook, cheque book and internet banking
credentials and and had fradulenty operated the account for
receiving and transferring the proceeds of cyber fraud, on the
basis of that information the applicant was implicated in this crime
and was made an accused in the present crime and the charge
sheet was filed before the Competent court. Hence the bail
application.
3. It has been argued by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in the crime.
The applicant was in Judicial custody in Crime no 305/2025 and
he was granted bail by the trial court and 307/2025 registered at
Police Station Kanker from 14/10/2025 and he remained in Jail
from 14/10/2025 to 19/06/2026 and after he got arrested in both

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the crimes and after that the applicant was implicated in the
present crime on 19/12/2025 on the basis of memorandum
statement of co-accused. The applicant was not named in the FIR
and during investigation the applicant was implicated in this crime
and there is no seizure from the applicant in the present crime.
The seizure of other crime which was registered against the
applicant was used in this crime and there is absolutely no
evidence to connect the applicant in this present crime except
Memorandum Statement of the other co- accused and the seizure
made in other crime and in the applicant's account no fraudulent
transaction has been made relating to this crime. The applicant
has 2 criminal antecedents registered against him, out of which in
one case he has already been acquitted and in other case he is
on bail. The applicant is in jail since 19.12.2025. Therefore, the
applicant may be released on bail.
4. On the other hand, learned counsel appearing for the State/non-
applicant would oppose the bail application and submit that in
compliance of the order passed by this Court on 11.8.2026, the
concerned I.O. has filed his personal affidavit and paras - 7 to 10
of the said affidavit read thus:-
“ 7 .That, during investigation, it was found that, the
accused Lokeshwar Hirwani and Kameshwar
Nag, bank account number 5660383552 of
Central Bank of India, Branch at Kondagaon,
made transactions of a total amount of Rs.
72,09,424/- and obtained the money through
cyber fraud, knowing that, this property was
obtained by dishonestly using some fraudulent
means and 41 online cyber fraud complaints have

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been received from the different cities of the
country against the aforesaid bank account.
8 . That, on the basis of the written report,
received from the Nodal Officer, Cyber Cell,
Kondagaon, a crime has been registered and the
matter was taken into investigation. During the
investigation proceedings, the accused
persons/aforesaid bank account holders
Lokeshwar Hirwani and Kameshwar Nag were
summoned by serving them notices and on
questioning, they confessed that, it was told that,
the said account was opened by the accused
Ravikant Sahu and Chandra Shekhar Nayak
residents of Village Sarona, District Kanker in the
name of giving them work. After that, an account
was opened for both of them in Central Bank of
India, Kondagaon joint account in the name of
Nag Kirana Dukan Dahikonga. After opening the
said bank account, they asked them to give them
its passbook, internet banking password and
cheque books, then they gave complete access of
the bank account to the accused Ravikant Sahu
and Chandra Shekhar Nayak in the name of
friendship.
9 . That, during investigation, thereafter, the
aforesaid accused Ravikant Sahu and Chandra
Shekhar Nayak were traced out and interrogated
wherein, they have categorically deposed in their
memorandum statements infront of the relevant
witnesses that, the present accused applicant
Aman Paswan who works in the Post Office in the
Village, used to ask them to open the bank
accounts and used to lure them with money, so
after getting convinced by his words, the accused
persons agreed to open the aforesaid bank
accounts and gave it to him. The accused
Ravikant Sahu told Lokeshwar Hirwani of the
same Village that, he will give him work, get your
bank account opened and you would get bigger
work if there are two joint accounts. Then he got
convinced by his words and opened a joint
account with his friend Kameshwar Nag and gave
it to the accused and the accused Ravikant Sahu
told the present accused applicant Aman Paswan
about that account, then the present accused
applicant Aman Paswan sent it to Gaurav Raut

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resident of Cuttack which he used. The accused
Chandra Shekhar Nayak living in Sargipal para of
Kondagaon, started doing the same work with
Paramesh Markam resident of Randhana. He told
that, he had passbooks and ATM cards of some
people which were recorded in the memorandum
statement infront of the witnesses and recovered
on their indication and as per the seizure memo,
seizure proceedings have been initiated.
10 . That, thereafter, on the basis of the
memorandum statement of the accused Ravikant
Sahu, the present accused applicant Aman
Paswan was traced and during investigation, it
was found that, the present accused applicant is
found to be already detained in District Jail
Kanker in connection with Crime No. 305/2025
and 307/2025 for the offence punishable under
Sections 317 (2), 317 (4), 317 (5), 318 (4), 111 (2)
(b) and 111 (2) of the BNS, 2023, therefore, a
formal arrest of the present accused applicant
Aman Paswan has been made on 19.12.2025 in
the present case.”
and the charge sheet has been submitted against the applicant.
Therefore, the bail application may be rejected.
5. I have heard learned counsel appearing for the parties and
perused the case diary.
6. Taking into consideration the facts and circumstances of the case,
and the fact that the charge sheet has already been submitted
against the applicant, the applicant has 2 criminal antecedents
registered against him, out of which in one case he has already
been acquitted and in other case he is on bail, which is mentioned
in the bail application, the applicant is in jail since 19.12.2025,
further considering the contents of the affidavit filed by the
concerned I.O. and conclusion of trial is likely to take some time,

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this Court is of the view that the applicant is entitled to be released
on bail in the present case. Accordingly, the Application is
allowed .
7. Let the Applicant – Aman Paswan, involved in Crime
No.322/2025 registered at Police Station Kondagaon, District
Kondagaon (C.G.) for the offence under Sections 317 (2), 317 (4),
317 (5), 318 (4), 111 (2), 111 (2)(b) & 3 (5) of the BNS and under
Section 66 D of the IT Act, be released on bail on furnishing
personal bond with two sureties in the like sum to the
satisfaction of the Court concerned with the following conditions:-
(i) The applicant shall file an undertaking to the
effect that he shall not seek any adjournment on the
dates fixed for evidence when the witnesses are
present in Court. In case of default of this condition,
it shall be open for the trial court to treat it as abuse
of liberty of bail and pass orders in accordance with
law.
(ii) The applicant shall remain present before the
trial court on each date fixed, either personally or
through their counsel. In case of his absence,
without sufficient cause, the trial court may proceed
against them under Section 269 of Bharatiya Nyaya
Sanhita.
(iii) In case, the applicant misuses the liberty of bail
during trial and in order to secure his presence,
proclamation under Section 84 of BNSS. is issued
and the applicant fails to appear before the court on
the date fixed in such proclamation, then, the trial
court shall initiate proceedings against him, in
accordance with law, under Section 209 of the
Bharatiya Nyaya Sanhita.
(iv) The applicant shall remain present, in person,
before the trial court on the dates fixed for (i)
opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of BNSS.
If in the opinion of the trial court absence of the
applicants are deliberate or without sufficient cause,
then it shall be open for the trial court to treat such
default as abuse of liberty of bail and proceed

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against them in accordance with law.
8. Office is directed to send a certified copy of this order to the trial
Court concerned for necessary information and compliance.
-

Sd/-
(Ramesh Sinha)
Chief Justice
Barve